Media center
SHENXI Won the Fourth Multinational Lawsuit

? Shenxi Machinery Co., Ltd., which won the first case of international intellectual property rights in Chinese high access machinery industry, won again at this time!

? The German Tractel Greifzug Co., Ltd. (Tractel) sued China Shenxi Machinery Co., Ltd. (SHENXI) for the improper imitation of the design of the hoist. In addition, it thought that the European Union Intellectual Property Office gave unprincipled protection to the China SHENXI and therefore it sued the European Union Intellectual Property Office as second defendant. Yesterday the reporter was informed that the German Third Court has recently ruled on the matter. After the trial, it does not constitute a patent infringement and SHENXI owns the intellectual property of the design. The litigation was eventually rejected. The court also ruled that the another lawsuit filed by Tractel for the inappropriate proof which was provided by the European Union Intellectual Property Office was also revoked. The proof was valid and the European Union Intellectual Property Office was fair. In this multinational lawsuit which lasted more than two years, SHENXI achieved a remarkable success. It means that company has not only from passive response to active attack, but also as a Chinese company to vindicate the rights of the EU Intellectual Property Office.

? Shenxi Machinery Co., Ltd. is one of the leading enterprises in the China’s high access machinery and suspended platform Industry. About 50% of its products are exported to more than 70 countries and regions. In the process of exporting, SHENXI has been sued by four foreign companies of United States and Germany in 2008, 2013 and 2015. It was by compelled involved in trouble of international intellectual property lawsuits. During this period, SHENXI dared to take actions. It has actively organized a lawyers’ group to confront the trouble. For this reason, after the trials of the US, Spanish and German courts, the lawsuits filed by these foreign companies were rejected. They lost their lawsuits, or withdrew the suits. Therefore, during 8 years Shenxi Machinery Co., Ltd. has won all three lawsuits of multinational intellectual property.

? In early 2015, the German Tractel Greifzug Co., Ltd. filed a lawsuit against China Shenxi Machinery Co., Ltd. in the local court of Bergisch Gladbach, Germany. Tractel claimed that the core component - hoist model of SHENXI which were sold in the EU countries imitated the design of their company’s products. It is therefore an infringement. The Tractel required SHENXI to immediately recall its products in the local market and claimed for compensation. Although the lawsuit was soon rejected by the court, the Tractel was still reluctant and angry. In November of that year, SHENXI was again sued by Tractel to the German third court which specializes in intellectual property cases. The European Intellectual Property Office was also sued as a "second defendant", and Tractel requested the EU Intellectual Property Office to pay for the two lawsuits.

? Under this circumstance, SHENXI has contacted with the EU Intellectual Property Office immediately. They appointed relevant teams to respond to the suits actively. The staff of EU Intellectual Property Office went to SHENXI for investigation and evidence collection. Instead of protecting Chinese enterprises, it was determined that SHENXI’s products are the third generation products and they are independently researched and developed by their own technical team. They have registered trademarks in the bureau. Therefore, the unreasonable request made by the Tractel was ignored. In the name of intellectual property litigation maliciously the plaintiff prevented products of SHENXI machinery from entering the EU market. To deal with it, SHENXI, who has many experiences before, once again organized a team of lawyers to fight. At this time, China suspended platform company adopted a different way to response. SHENXI utilized the "contradictions" between the EU Intellectual Property Office and Tractel for defending itself. The Intellectual Property Office is the most authoritative in all intellectual property fields in the EU, so that it has the strongest defense statement which was submitted to the German Third Court. The Intellectual Property Office appointed the Appeals Committee as a plenipotentiary to defend.

? Within two years, the German Third Court held three sessions to hear the plaintiff and the defendant's opinions. SHENXI and the EU Intellectual Property Office stepped in unison and cooperated with each other and severely refute the opposing party’s lies in the defense. Finally, the German Third Court officially rejected the lawsuit of the German Tractel Greifzug, and the expenses fell on the plaintiff. At that point, the multinational intellectual property lawsuit has finally settled.

??Wu Jie, the chairman and general manager of SHENXI suspended platform, said that in recent years, foreign companies have often provoked multinational intellectual property lawsuits, and domestic companies have frequently encountered various types of sues. In fact, it is a new trend of international trade protectionism. The international intellectual property dispute has become a veritable trade protection attack and defense war. Therefore, domestic enterprises must also focus on building soft power, establishing an internationalized management concept of intellectual property rights, and scientifically formulating international marketing strategies while they are upgrading their core competitiveness at the technical level. Only internal and external forces can complement each other, and management and technology can be combined with each other. So that we can keep invincible in the trade war. The experiences of SHENXI in winning the case has not only accumulated rich experience for the company to “become globally” and to occupy the international market, but also played a good demonstration role for domestic enterprises to carry out transnational rights protection.



For Chinese version visit:multinational lawsuit?



2019-08-12 MORE
Introduction of Jiangsu Province High Access Suspended Platform Association

    “Jiangsu High Access Suspended Platform Association” is a high altitude Machinery and Suspended Platform industry association, which is approved by the Civil Affairs Department of Jiangsu Province. On January 14, 2015, it officially obtained the social group legal person registration certificate, which is approved by the Jiangsu Provincial Civil Affairs Department. The chairman of Shenxi Machinery Co., Ltd. is the legal representative of the association.

    Jiangsu Province is a famous national construction province and the birthplace of Chinese suspended platforms. In order to organize the research and development, design, processing, manufacturing, leasing, installation, maintenance and use of high access  suspended platforms in our province, as well as inspection, supervision, training and other institutions, to strengthen the self-discipline management of the high access suspended platform industry in the province, to reestablish and strengthen communication channel between the government and the management departments to promote the sustainable and healthy development of the suspended platform industry, in early 2014, including Shenxi Machinery Co., Ltd., Wuxi Little Swan Construction Machinery Co., Ltd., and High Access Machinery Technology Research Institute. initiated the application for the establishment of the “Jiangsu High access Suspended Platform Association”, which was strongly supported by the Jiangsu Provincial Economic and Information Technology Commission and the Jiangsu Provincial Department of Housing and Urban-Rural Development. After half a year of preparatory work, in June, 2014 the Jiangsu Provincial Civil Affairs Department approved the establishment of the preparatory group for the Jiangsu Provincial High access  Suspended Platform Association.

    On November 8, 2014, Jiangsu Provincial High access  Suspended Platform Association held the first general meeting and inaugural meeting in Wuxi Xizhou Garden Hotel. 67 related industry enterprises in the province became the first member units of the association. The meeting elected Shenxi Machinery Co., Ltd. as the first president unit of Jiangsu High Access  Suspended Platform Association, and elected 6 units including Wuxi Little Swan Construction Machinery Co., Ltd., High Access Machinery Technology Research Institute, Nantong Yubo Construction Machinery Manufacturing Co., Ltd., Lianyungang Golden Eagle Engineering Equipment Leasing Co., Ltd. and Jiangsu Tianren Construction Equipment Co., Ltd. As the vice president units. Li Shisheng, Yu Huiye, Xie Renhong, Xu Sili, Sun Jia and Huang Shoufa were elected as vice presidents and Shen Jiaqi was elected as the Deputy Secretary-General.

    The purpose of the association is to serve enterprises, governments and users and to promote the development of the high access  suspended platform industry in Jiangsu Province. 

    The mission of the Association is to safeguard the legitimate rights and interests of its members, to reflect the wishes and requirements of its members, to coordinate the internal relations of the industry, to implement national laws, regulations and policies, to formulate regulations and appointments, to put forward policy recommendations on promoting the development of the industry to assist the government in carrying out macroeconomic development, to manage the preliminary work of the industry development plan, and to play as a bridge and link between the government and enterprises.

    The association will closely contact with enterprises and users, actively serve enterprises and users, and establish associations with domestic industry associations and enterprise in statistics, exhibitions, product development, marketing, organizational restructuring, customer service, quality, consulting, and price. The extensive contacts make a due contribution to improving the economic efficiency and the product quality of enterprises.

Name
Gender
Age
Company
Association position
Resume
Wu Renshan
male
63
Shenxi Machinery Co., Ltd.
Chairman

From 1967 to 1983,  the director of Wuxi County Dongting Cold-working Factory, Wuxi County Wool Spinning Factory and Wuxi County Socks Factory;

From 1984 to 1997, the director of Wuxi Shenxi Construction Machinery Factory;

From 1997 to 2006, the chairman and general manager of Jiangsu Shenxi ConstructionSince 2006, the chairman of Jiangsu Shenxi Construction Machinery Co., Ltd. 

Wu Renshan, Senior economist, engaged in high access  suspended platform industry for many years, has a number of patents.He has participated in the "JGJ 150-2008" quality inspection procedures for window cleaning installations, JGJ 202-2010 "Safety Technical Specifications for Building Construction Scaffolding" and formulated many other Technical standards.

Li Shisheng
male
60Wuxi Little Swan Construction Machinery Co., Ltd.
Vice president

From 1980 to 1981, engineer in the Zhenjiang Marine Main Engine Factory of the Ministry of Communications;

From 1981 to 1996, the director and secretary of the Nanjing Line Equipment Factory branch of the Ministry of Water and Electricity;

From 1996 to 2003, senior engineer and CEO of Jiangsu Sweet Group;

From 2003 to 2008, the vice chairman of the Jiangsu Little Swan Group;

From 2003 to 2008, the Chairman of Jiangsu Little Swan Co., Ltd.;

Since 2009, the chairman and general manager of Wuxi Little Swan Construction Machinery Co., Ltd.

Yu Huiye
male
65

High Access Machinery Technology Research Institute

Vice president

1982-1992, Chief of Technology, Beijing Construction and Transportation Machinery Factory;

From 1992 to 2008, the chief engineer of Beijing Beichen (Group) Machinery Factory;

2008-2013, Chief Engineer of Shenxi Machinery Co., Ltd.;

Since 2013, the general manager of High access  Mechanical Engineering Technology Research Institute Co., Ltd.

Since 2005, he has served as an expert of the Beijing Municipal Government's procurement evaluation expert database, a member of the National Standardization Technical Committee for Lifting Work Platforms, a member of the Expert Committee on the Revision of the National Occupational Classification of Machinery Industry, a library of experts from the China Construction Industry Association Building Safety Branch, the experts, senior professional appraisers of national vocational skills appraisal, the supervisor of national quality supervisors of vocational skills appraisal, and the Editor-in-Chief of China's high access  suspended platform Website.

Xie Renhong
male
47Nantong Yubo Construction Machinery Manufacturing Co., Ltd.
Vice president

In 2001, the Technology Minister of Beijing Kaibo Window Cleaner;

In 2007, the Chairman of Beijing Zhenghua Antai Construction Machinery Construction Co., Ltd.;

In 2010, the Chairman of Nantong Yubo Construction Machinery Manufacturing Co., Ltd.;

In 2013, the chairman of Zhongyubo Machinery Manufacturing Co., Ltd.

In 2010, he was awarded the honorary title of “National Outstanding Entrepreneur”;

Since 2006, he has been a member of the National Technical Committee for Standardization of Lifting Platforms; since 2012, he has served as a member of the CPPCC National Committee of Rugao; he has participated in the drafting and preparation of GB19155 "High access  Suspended Platform" and GB19154 "Window Cleaner" industry standards.

Xu Sili
male
30Lianyungang Golden Eagle Engineering Equipment Leasing Co., Ltd.
Vice president

From 2006 to 2007, the Assistant Director of Mechanical Technology Section of Ren Jiangtian Construction Engineering Co., Ltd.;

From 2007 to 2010, he was engaged in the rental of lifting equipment such as engineering scaffolding, tower cranes and lifts;

Since 2010, the manager of Lianyungang Golden Eagle Engineering Equipment Leasing Co., Ltd.

Huang Shoufa
male
59Jiangsu Tianren Construction Equipment Co., Ltd.
Vice president

From 1976 to 1978, the deputy director of the Changzhou Construction Engineering Management Office.

1978, the deputy director of the Changzhou Construction Engineering Management Office.

From 1978 to 1983, the deputy director of Changzhou Machinery Construction Office.

From 1983 to 1995, the deputy director of the Office of Changzhou Construction Engineering Corporation.

From 1995 to 2002, the Director of Safety Equipment Division of Changzhou Construction Engineering Bureau (Head Office) and the Director of Changzhou Construction Industry Safety Supervision Station.

Since 2002, the chairman of Jiangsu Tianren Construction Co., Ltd. and the legal person of Jiangsu Tianren Construction Equipment Co., Ltd.

Sun Jiamale
31Southeast University Postdoctoral Station
Vice president

From 2000 to 2004, Student of Shenyang Institute of Chemical Technology;

From 2004 to 2007, Master student of Shenyang Jianzhu University ;

From 2007 to 2014, Doctoral student of Dalian University of Technology;

Since 2014, Doctor of Southeast University Postdoctoral Workstation.

He mainly researched the technology of leveling automatic control of the suspended platform, participated in the completion of the national “Eleventh Five-Year” technology and technical support project (2008BAJ09B07). Currently he is responsible for completing the national “Twelfth Five-Year” technology and technical support project (2011BAJ02B03). He has 5 patents in the industry, more than 10 papers, and educated more than 10 graduate students.



For details please visit: Jiangsu Province High Access Suspended Platform Association 

2019-08-05 MORE
The Analysis of the Trade Situation of China's High Access Machinery and suspended platform Industry in 2018

In 2018, the global economic situation is raging and the global trade situation is tightening. The political turmoil in the Eurozone, Brexit and other risk events keeps on the rise. In the context of such international trade situation, despite the negative impact of the international economic downturn, especially the negative impact of US trade policy, have an adverse effect on the China's aerial work machinery and suspended platform/gondola industry, the performance of China's high access Machinery and suspended platform industry is remarkable. Compared with 2017,the export trade has a significant growth and the overall situation of export trade has increased. To the end of December, according to the data statistics of the major manufacturers which use the the HS code 8428.90 for exporting, high access Machinery and suspended platform enterprises earned a foreign exchange of 105.364 million US dollars. The following is the analysis of the export trade of China's major high access Machinery and suspended platform enterprises from January to December in 2018.

1.Monthly exports

First, let's look at the specific situation of the monthly export volume of the high access Machinery industry from January to December in 2018 (see Table 1). From the perspective of time distribution, it maintains a similar trend as in previous years. In February, due to the Chinese New Year holiday, it had the lowest sales in the whole year. The sales in the second half year were higher than in the first half, the highest sales were in August and September. The percentage of amount in the first half year and the second half are respectively 37.54% and 62.46%. The difference between the rates have a slight increase trend year by year. At the same time, the quantity of sales also have the same characteristics. The peak season of sales of high access Machinery and suspended platform enterprises is mainly concentrated in the second half.

MonthAmount(USD)
Percentage of Amount
Quantity
Percentage of Quantity
20180151007044
4.84%
213811
7.70%
20180235573304
3.38%
115544
4.16%
20180344246048
4.20%
150086
5.41%
20180466670066
6.33%
194119
6.99%
20180588689016
8.42%
253554
9.13%
201806109339651
10.38%
260079
9.37%
201807108564621
10.30%
225193
8.11%
20180881684525
7.75%
334884
12.06%
201809189534352
17.99%
310844.94
11.20%
20181084053867.07
7.98%
206531.06
7.44%
20181192930778
8.82%
280230.56
10.10%
201812101349595
9.62%
230989.44
8.32%
Amount1053642867
100.00%
2775866
100.00%

Table 1: Monthly total export in 2018

Compared with 2017, we found that although the total export quantity has increased by 10.9%, the total amount of money has increased by 75.2% (See Figure 1 and 2 for details). Above all, the increase of the quantity is lower than the amount of money, so the average price of products has risen. Among them, the sales of suspended platforms was 25.924 million US dollars, accounting for 2.46% of the aerial work machinery industry.

Figure 1: The monthly comparison of export quantity in 2017, 2018

Figure 2: The monthly comparison of export amount in 2017, 2018

2.The layout of export market 

 In 2018, China's aerial work machinery was exported to 204 countries and regions. According to the detailed statistics of the export area (see Table 2), the total number of exporting countries ranked in the top 10 accounted for 54.24%, and the amount of money accounted for nearly 39.5%. The United States and Japan are in the top two, South Korea has fallen out of the top ten, and Southeast Asian countries with economic prosperity in recent years accounted for four seats. The suspended platform industry (see Figure 3) is mainly based on the countries in Eastern Europe, South Asia and Southeast Asian. Especially after the Ukrainian war, the market revived and the import volume jumped to the fourth place. Iran, which has been sanctioned by the international economy, has a sluggish economy and a low number of imports, which is in stark contrast to Ukraine. From Figure 4, it can be seen that the sales amount ratio in the Eastern European market is lower than the quantity ratio. The price of the suspended platform export industry in the region has become the lowest, and it has laid a hidden worry for the development of the market.

Rank
Country
Sales Amount
Percentage
Quantity
Percentage
1USA108319740.4
10.28%
776540
27.97%
2Japan
80875476.78
7.68%
252522
9.10%
3Vietnam
43356180.72
4.11%
16326
0.59%
4Germany
31833266.06
3.02%
163738
5.90%
5India
29350616.31
2.79%
34702
1.25%
6Thailand
25851802.15
2.45%
10699
0.39%
7Indonesia
25585668.6
2.43%
16009
0.58%
8England
24922155.93
2.37%
182025
6.56%
9Hongkong
23813399
2.26%
31485
1.13%
10Malaysia
22522006.04
2.14%
21510
0.77%

Table 2: Distribution of Chinese main export areas of high access work machinery in 2018

Figure 3

RankCountryAmount(USD)Percentage
Quantity
Percentage
1India
4425195.54
17.06%
1637
14.00%
2Russia
4061265.51
15.66%
3052
26.10%
3United Arab Emirates
3578596.78
13.79%
1600
13.68%
4Ukraine
1581648.99
6.10%
998
8.54%
5Philippines
1247373.61
4.81%
389
3.33%
6Vietnam
928719.21
3.58%
373
3.19%
7Malaysia
747729.95
2.88%
271
2.32%
8Hongkong
680700.16
2.62%
226
1.93%
9Thailand
596636
2.30%
183
1.57%
10Chile
549239.93
2.12%
194
1.66%

Table 3: Distribution of main export areas of Chinese suspended platform in 2018

Figure 4: The comparison of sales and quantity of suspended platform’s export

3.The distribution of customs declaration port and transportation methods

From the customs declaration port, the export value of Shanghai, Ningbo, Shenzhen and other six major ports have accounted for more than 75%. Shanghai port has accounted for 35.5%. From the analysis of trade patterns, it is dominated by general trade, which is accounting for 60%. The mode of export transportation is mainly by sea.

Rank
Customs port
Amount(USD)Percentage
Quantity
Percentage
1Shanghai custom
374083942
35.50%
1358451
48.94%
2Shenzhen custom
181520602
17.23%
92821
3.34%
3Nanjing custom
101252475
9.61%
245705
8.85%
4Qingdao custom
52675228
5.00%
64658
2.33%
5Tianjin Customs District
42412751
4.03%
45687
1.65%
6Ningbo Guan District
38420749
3.65%
538230
19.39%

4.The performance and situation of China's suspended platform manufacturers

Wuxi city in Jiangsu Province is the main base for the production and export of suspended platform and its components in China. Wuxi manufacturers of suspended platform also have a complete supply chain, high level of technical research, production and knowledge innovation in the entire industry. In 2018,  as Table 4 shows, the total sales amount of southern enterprises represented by Wuxi enterprises are still better than those of northern enterprises. However, Wuxi enterprises only have 4 seats in the top 10, and the northern enterprises occupy 6 seats. Compared with previous years, many traditional Wuxi enterprises have fallen out of the top 10. Low prices are the consistent means of competition for northern enterprises , but price wars will definitely make a negative impact on the industry. The new situation have sounded the alarm for Wuxi enterprises and even the entire suspended platform industry. Inherent knowledge and technology are in urgent need of innovation, and products must be upgraded. In 2019, Wuxi enterprises and high-altitude industry face severe challenges.

Rank
Company
Amount(USD)
Percentage
Quantity
Percentage
1Shenxi Machinery Co.,Ltd.
2868581.06
11.06%
1117
9.55%
2Wuxi Maosong International Trade Co., Ltd.
2336559.98
9.01%
762
6.52%
3Wuxi Rigid Machinery Co.,Ltd.
2014863.32
7.77%
687
5.88%
4Beijing Hemao Machinery Equipment Co., Ltd.
1573139
6.06%
1199
10.25%
5Wuxi Powerston Technology Co., Ltd
1274313.92
4.91%
622

5.32%

Table 4: The TOP5 of 2018 Chinese suspended platform export enterprise



From: Jing. C. The Analysis of the Trade Situation of China's High Access Machinery and suspended platform Industry in 2018 [J].  High Access Machinery & Suspended Platform, 2018: 25-28.


2019-08-05 MORE
Secalt S.A., et al. v. Wuxi Shenxi Construction Machinery Co., Ltd., No. 10-17007 (9th Cir. 2012)

"Tractel, manufacturer and seller of the Tirak traction hoist, brought suit claiming that Shenxi's hoists infringed the trade dress of the Tractel traction hoist. At issue was whether the Tractel traction hoist qualified for trade dress protection. The court agreed with the district court that Tractel did not meet its burden of establishing non-functionality and affirmed the grant of summary judgment in favor of Shenxi. The court affirmed the district court's award of attorney's fees to Shenxi upon finding that this was an "exceptional" case meriting fees where Tractel's continued prosecution of its claims was held by the district court to be "unreasonable." While the line delineating "exceptional" cases under the Lanham Act, 15 U.S.C. 1125(a)(3), could be murky, this action fell squarely within the realm of exceptional cases contemplated by the Act. Finally, the court reversed the district court's award of non-taxable costs and certain taxable costs and remanded for further proceedings".--quote from "JUSTIA US Law"

For details please visit:?https://law.justia.com/cases/federal/appellate-courts/ca9/10-17007/10-17007-2012-02-07.html?

2019-05-11 MORE
SHENXI at conexpo-con/agg&IFPE 2014, LAS Vegas

Venue:?LAS Vegas Convention Center,Nevada,USA

Booth No:?LVH 204.2

Sample machine: Swing stage, Transport platform, Mast climbing work platform

2018-09-29 MORE
SHENXI at The?115th Canton Fair, Guangzhou

Venue:China Import and Export Fair Complex, Guangzhou

Booth No:4.0H14-15

Sample machine: suspended platform, mast climbing platform/mast climber

2018-09-29 MORE
SHENXI at Bauma China 2014, Shanghai

Venue: Shanghai New International Expo Centre

Booth No: E-2.470

Sample machine: Swing stage, Construction hoist, Mast climbing work platform, Loading platform

2018-09-29 MORE
SHENXI at BIG 5 SHOW 2015 Dubai

Venue:?Dubai World Trade Centre

Booth No:?Saeed-1 H264-260

Sample machine:?Suspension platform, Mast climbing work platform

2018-09-29 MORE
SHENXI at FERIA Construction Trade Show 2015 Chile

Venue:Santiago Exhibition Centre, Chile

Booth No:412-EDAD

Sample machine:BMU gondola, SC Construction hoist, STP Material hoist

2018-09-29 MORE
SHENXI at BAUMA Germany 2019, Munich

Venue: Messe Munich international

Booth No: A1.514B

Sample machine: suspended platform, construction hoist, mast climbing work platform, loading platform

We are honored to be one of the exhibitors at the BAUMA Munich 2019 in Germany, which is the largest construction machinery exhibition all over the word, for every three years. Overseas exhibitors in our industry including Alimak, Geda, SCANCLIMBER, ALBA, MABER, CAMAC, SAECLIMBER, RAXTAR, STROS, XL Industries, FRACO, etc., showing their latest construction hoist, mast climbing work platform, suspended platform, loading platform and so on high access equipment. 

Glad to meet our new and old friends. 

2018-09-29 MORE
SHENXI at The?123th Canton Fair, Guangzhou

Venue:?China Import and Export Fair Complex, Guangzhou

Booth No:?4.0H14-15

Sample machine:?ZLP Suspended platform, Loading platform, mast climber

2018-09-29 MORE
A Successful Development

On May 26, 2018, we came to Suzhou Xishan to participate in the company's expansion activities. This development activity allowed us to understand what a team is and what teamwork is. This expansion has allowed each of us to accept the touch of the mind and enhance the realm in varying degrees. Experience first-hand, make the relationship between colleagues more harmonious, more understanding, let the team more cohesive and charismatic. In the development activities, we learned to put ourselves in the place of others for the sake of thinking, empathy, and more understanding and care of things. We firmly believe that after this event, all Shenxi employees will be more confident and passionate in their future work and life.

2018-09-29 MORE

Get Your FREE Quote

Get Your FREE Quote

We will contact you within 24 hours.